jose's independent police auditor. >> we move on. it is my hope this chief is going to do the right thing. i think he will. he has said he is looking at it again. he perhaps may narrow the scope of it. i think the scope was just fine. at this point, it is not clear why the acting chief suspended that policy. the policy had been commended by minority groups saying the practice of curb sitting is a form of hugh millation. reforms will be announced at a press conference later this morning with the o.p.d. compliance director, thomas frazer. today's announcement is in response to a series of reforms mandated in the settlement of the writer's case which alleged police misconduct. one of opd's reinforcements is pulling out of town.

alameda sheriff's department is failing to come to an agreement to extend their contract. the chp did extend its contract this week. under the new terms, they will patrol oakland as many as four days a week. new agreement will go to the city council for approval on may 7th. police investigating an attempted murder suicide on charleston court near woodside road. a 69-year-old man shot and killed his 72-year-old wife and shot himself in the head. that man remains hospitalized. now, the latest on the boston marathon bombings. after communicating with the suspect for the first time, investigators say they believe the motivations for the attack was religious. they say he and his brother have no connection to islamic terrorist groups.

"today in the bay" tracie potts is on capitol hill. members of congress will learn more about the investigation in a closed briefing. some are already questioning why dzhokhar tsarnaev won't go prosecuted as an enemy combatant, whether this will delay immigration reform. >> an excuse for delaying it. >> i never said that. i never said that. >> and whether the fbi should have followed up after russia targeted the older brother as a possible terrorist. >> if the russians told us about this guy being a radical islamist in 2011, how could we have missed it. >> it is premature for any of my colleagues or myself to conclude that the fbi dropped the ball. >> dzhokhar tsarnaev places two trials. >> are there other bombers? are there other plots in motion?

are there other confederates on the loose? >> he told investigators he and his brother acted alone and learned how to make bombs on the internet. back in washington, a moment of silence remembering boston's day of terror. the suspect has made his first court appearance from the hospital. next, securing a grand jury indictment. tracie potts, nbc news, washington. >> thank you, tracy. 4:36. the two suspects in the first known al qaeda terrorist plot in court head to court. canadian authorities carried out two men that wanted to carry out a major terrorist attack on a passenger train from toronto to new york. both men are believed to have ties to an al qaeda cell based in iran and have been under surveillance since august. a bail hearing is set for today in toronto. >> a prominent defense attorney fighting to keep her law license after admitting to smuggling out of jail a hit list for her

client. lor lorna brown going before the state bar for an administrative trial. confessing to hiding a hand-written note in her legal papers after visiting him in 2010. that note contained a list of people whom bay allegedly wanted dead. he was convicted of ordering the murders of oakland journalist, chauncey bailey and two other men in 2007. brown could be disbarred for the offense. a san francisco city attorney wants to know why dozens of mentally ill patients are being shipped to the bay area. published reports claiming the psychiatric hospital in las vegas bussed about 1500 discharged patients out of down over the past five years. they say at least 36 ended up in san francisco with nowhere to go and ended up in a homeless

shelter our out in the streets. >> taking advantage of our most vulnerable putting them on a one-way ticket to know support. >> go to san francisco. they will take care of you. the san francisco department of public health found two patients that arrived on a bus from nevada. the city attorney's office has investigators looking for patients and has urged groups who work with the homeless to help identify the patients. the nevada department of health and human services is investigating the las vegas hospital santa cruz officials will vote on summer water restrictions. they are recommending the restrictions on nonessential uses after an exceptionally dry winter. they say as far as rainfall along with increased state regulations designed to protect threatened and endangered fish have led to another marginally low year ahead. one of those sprinklers wouldn't

be a bad move. it is probably going to be warm again. >> specially inland. maybe not the 90s today but still mid to upper 80s could be possible at some of the inland valleys. interesting start to the morning. we have almost 70-degree temperatures in livermore. napa and santa rosa due to north winds. those gusty winds, napa and fairfield, look out for that if you are traveling along interstate 80. on the coast, it is the fog that has returned to half moon bay and down to santa cruz. coastal cooling today and subtle cooling as you go hour by hour. by lunchtime, mostly 70s around the bay area. high temperatures in the area as we see here in orange, mid-80s. into the interior valleys of the north, east, and south. the sea breeze picks up as we head to 7:00. that is a hint of the cooling that will kick in wednesday and thursday. by the time we get into thursday, we will have morning miss t mist with some of the skies and warming approaching this upcoming weekend.

morning mist. i like the sound of that, of any kind of mist compared to yesterday. >> we are looking to mission boulevard. light volume of traffic through fremont and 880. the map will show you this interchange as well as the one i'm pointing to. 680 at mission. we saw a lot of slowing over the last couple of minutes both directions as well as westbound mission. we show a smoother drive now. there may be equipment moving from that interchange s the overnight road work picks up in some spots right about now. we also have the slowing i expected to see. this is from brokaw to 101. the earlier slowdown we saw farther south seemed to have cleared itself out. good news. 880 through oakland, more construction crews. blocking your fast lane heading up toward 23rd. those crews should start to move

in 20-25 minutes. we'll track that. back to you. still ahead, another attack on a foreign embassy in libya. >> a plan to allow knives on planes failed to take off. the last-minute decision to ground that idea next. also, biking across the bay bridge, sort of. why you will have to turn around before you get halfway there.

new video of the damage left behind after a car bomb exploded outside the french embassy in libya. motive for the attack is not clear. french president, francois oland denounced the attack on all other countries fighting terrorism. >> remember that air traffic rule allowing passengers to take small knives on planes. tsa officials deciding to wave that after a wave of criticism from flight attendants and air martials. they will pour through feedback. passengers would be allowed to carry small knives, bats and other sports equipment on to airlines. tsa officials say that would

free up agents to focus on greater threats. a a boeing 787 will soon take off again. congress still wants an answer for a recent on-board fire. a two-day hearing is set for today into the fire that happened back in early january. the 787 was operated by japan airlines and was parked at boston's logan airport. the national transportation safety board is expected to focus on the design, testing and certification of the dreamliner's battery system. >> 4:45. some big earnings reports coming out today on wall street, not the least of which is apple. for more on that and the rest of our news before the bell, we turn to courtney reagan live at cnbc world headquarters. good morning. futures are lower. that's after the market posted modest gains on monday. we will get data on new home sales and a ton of earnings. the dow rising 19 points.

the nasdaq up 27 to 3233. apple reports earnings this afternoon with the stock in free-fall dropping about he low $400 after peaking above 400. analysts expect profits to shrink for the first time in a decade. police still selling a record number of iphones and pads. >> back to you. we'll see how they fair. thank you, courtney. christina loren has the day off. that means rob mayeda is in. i had the windows down. almost 70 right now. in napa and santa rosa. we have fog in parts of the coast. one of the stranger weather mornings you will see around the bay area. san francisco, we have north winds working into san francisco right now. you can see, it is 54 degrees. san francisco over toward oakland and san jose. look at the temperatures inland.

69, livermore, 68, santa rosa and napa. wind direction is the story. gusty in the north bay hills into the east bay. 10 into san francisco. that's the reason why. off to a mild start this morning as the air moves in higher elevation, descends, compresses, warms up and dries out as it heads closer to sea level. get closer to sea level at 70 degrees. 17% humidity in livermore, napa, 14%, the humidity in santa rosa. with the winds kicking up, air quality in the moderate range. as the sea breeze turns stronger, improving air quality levels. no improvement in the pollen count. take your pick there, ash, oak, mulberry. still warm inland, mostly 80s. 70s and 80s. as the fog continues to thicken up the marine layer. it deepens up over the next couple of days.

that will lead to much more widespread cooling come tomorrow and into thursday. still near 80 in san jose. cooler in santa cruz, 72. mid-80s out towards the tri valley as we head towards the inner bay. numbers in the 70s around san francisco. still mid-80s in the north bay valley. the fog is thick this morning. temperatures from here will continue to cool down as we go through the week, specially thursday, between yesterday and thursday's highs. you are looking at 60 degrees to low 70s for highs. quite a drop in temperatures and things start to warm up as we move into the upcoming weekend. thanks a lot, rob. it is 4:48 right now. san francisco now set to help cover a $9,000 bill to care for a dog that attacked a police horse. 2-year-old charlie, a pitbull mix, bit and chased a parked police horse last year. he was all set to be euthanized. thanks to an agreement between

charlie's owner and the city, the dog will go to a rescue organization. he has been in animal care and control custody since the attack. a judge rule the city and charlie's owner will split the $9,000 check. burlingame will soon reopen an elementary school that was closed down more than three decades ago. ground-breaking ceremony will take place at hoover elementary. it was shut down back in the late '70s due to low enrollment. fast forward to three years ago when burlingame repurchased that site to meet a growing student body. they are planning to renovate classrooms and the work should be done in two years. fans of san jose's falcons will gather at city hall for falcons branding day. glen stuart will repel over the top to reach the falcon's ness the box. the four baby chicks will receive identifying bands on

their legs so that scientists can track and collect data. they will also learn or they get to learn if the baby falcons are male or female. the bay bridge's new span is months away from opening. so is the new bike path on the bridge. most of it anyway. the first two-thirds of the pedestrian walkway and the bike lane will reopen. that's the same day caltrans plans to open the new eastern span of the bridge. the old brinl is in the way of the remaining third of that bike path. it can't be removed until traffic is on the new span to make sense. the full length of that bypass is not expected to be finished for another two years. >> when it is done, that will be a cool ride. >> it will be glorious. >> 4:50. still ahead, giants go gq. we are going to show you which players are showing their stylish side next. a live look at the san mateo bridge. no problems across this span. we will talk about your east bay bridge approach coming up.

welcome back on a tuesday morning. a live look outside from oakland. the coliseum home of your oakland athletics. pretty dark. it is early. the a's are out on the road. 4:53. two of the players and coaches from the a's paying a visit to the boston hospital before last

night's game. josh reddick and brandon moss taking time to stop by and see 11-year-old aaron hern and his family. the martinez boy one of dozens injured in the boston marathon bombing. aaron says he either wants to be a navy s.e.a.l. or a baseball player when he grows up, maybe an oakland athletics. the a's on the downer side ended up losing to boston in fenway park. aaron still loved every moment of it. the a's getting a shot of redemption against the red sox this afternoon. >> that was really nice to see. i'm sure it lifted his spirits. if you happen to be an athlete and you end up in the pages of g.q., it is a prime opportunity for a teammate to bust are chops that's pretty likely for the case for buster posey and barry zito. barry zito, not too expected but you might need his contract to afford that outfit. i like the pose. >> either he hurt himself or that's a cool pose.

>> according to g.q., his outfit alone is $1,000. >> this photo is the one that might get some people talking here. the crop pants. that's posey, a little b.p., a trucker hat and the cropped sweat pants, $325. buster, he seems like a really nice dude. i'm not sure if he would wear that stuff every day. >> i don't know. would you? >> no. i would say absolutely not. >> daddy long legs here. i've never been in g.q. so i am not one to talk. >> you and mike. >> mike rocks the bow tie. >> i do rock the bow tie once in a while. i'm happy the crop pants are out. is so i can buy them and not have to hem them. over towards palo alto, not a long drive through this area.

a nice, easy commute for folks here. 101 shopping center and university avenue. we'll show you the map getting over there. we talked to you about the san mateo bridge and the dumbarton bridge, moving smoothly. approaching the bay bridge, we have no problems down the east shore freeway or out of the maze. the little yellow you do see, a slower moving vehicle here or there but a light volume of traffic concluding. hercules, we did have a little wind showing up. the air was pointing off of the bridge down through hercules where we had our weather index. there may be gusty conditions. it cleared up right now. rob is talking about north of the carkinas bridge. still ahead on "today in the bay." criticism for the san jose police department as the department blocks a new policy before it starts. we'll let you know what we're learning from a new report issued this morning. healing in the west. how the tiny texas community is

recovering. the wake of last week's devastating factory explosion. for now, let's get it back live outside the spanning shot over san francisco. you see the bay bridge out there. another warm start to the day. rob mayeda is in for christina loren. tell us about that weather coming up.

the controversial practice of curb sitting could be making a comeback. there is some good news in there. i'm marla tallez with that story coming up. >> reporter: an east bay lawyer could lose her license to practice law after allegedly smuggling a hit list from jail. i'm christie smith. i'll tell you who her client was coming up watching an interesting weather morning. some fog on the coast and some places waking up to near 70-degree temperatures this morning. have a look at your forecast straight ahead.

folks working overnight in that warm weather. we're looking at road crews still going on. we'll talk about that as well as your south bay coming up. let's take a live look outside from the south bay. h.p. pavilion, downtown san jose. you made it to tuesday, april 23rd, "today in the bay." just now 5:00, bright and early this morning. good morning, everybody. thank you very much for joining us. i'm jon kelley. >> i'm laura garcia cannon. >> a policy aimed at reducing racial profiling no longer in effect for san jose leaders. this has them questioning the reasoning behind that decision. mar marla tallez joins is with details on why the acting police chief suspended that policy. >> not exactly clear why the acting police chief reversed this policy, because we haven't actually heard back from him yet. we have reached out for him to comment. no comment as of this morning.

just fact that he did and the idea that curb sitting could be making a comeback here at san jose police department is upsetting to a lot of people, including the city's independent police auditor, who is getting ready to present her findings, her annual findings to the city council and the mayor. now, judge ladoris cordell just released her 100-page report on the department for 2012. the overall message for the department is good. complaints about the police department were down 7% from the previous year as well as complaints of racial profiling. they says reversing former chief chris moore's policy is a step in the wrong direction. he had ordered officers to document all stops they make even if there is no arrest, including the person's race and whether they were told to stitt on a curb. the hope was to curb curb sitting, which many minority groups say is a form of humiliation that unfairly targets them. judge cordell says she is hoping he will have second thoughts. >> we move on.

it is my hope that this chief is going to do the right thing. i think he will. he has said he is looking at it again. he perhaps may narrow the scope of it. i disagree with that. i think the scope was just fine. >> we have reached out to acting police chief, larry escovel to ask him why he suspended the policy. if we get word, i will bring you his response. judge cordell will present her 100-page report on her findings about the san jose police department to the san jose city council and mayor chuck reed one week from today on april 30th. marla tallez, "today in the bay." in oakland, police outlining plans to reform their department. the proposed budget and work plan for opd reform being announced at a press conference with opd compliance director thomas frazer. today's announcement in response to a series of reforms mandated in the